Blogs - Practical Benefits Lawyer

IRS Issues Interim Guidance on Expanded EPCRS

May 31, 2023

Section 305 of the SECURE 2.0 Act of 2022 (the “SECURE 2.0 Act”) expanded the Employee Plans Compliance Resolution System (“EPCRS”) effective December 29, 2022, to permit self-correction of certain “Eligible Inadvertent Failures” and directed the Secretary of the Treasury to update EPCRS accordingly.

In Notice 2023-43, the IRS provides interim guidance, answering some questions that have been frequently asked by plan sponsors regarding the expanded EPCRS. A few of the highlights include:

  • Plan sponsors may self-correct Eligible Inadvertent Failures that occurred before December 29, 2022. (Q&A-8)
  • If there is an excise tax associated with an Eligible Inadvertent Failure, self-correction does not result in a waiver of the excise tax; waiver instead may be requested by submitting the correction through the voluntary correction program component of EPCRS. (Q&A-9)
  • Plan sponsors may self-correct Eligible Inadvertent Failures that are insignificant even after an IRS examination of the plan or plan sponsor has commenced and even if the failure is discovered on examination. (Q&A-5)
  • Plan sponsors may self-correct other Eligible Inadvertent Failures after an IRS examination has commenced only if prior to coming under examination, the plan sponsor demonstrated a specific commitment to self-correcting the Eligible Inadvertent Failure. For this purpose, the IRS uses a facts and circumstances analysis to determine whether a specific commitment has been demonstrated, and those facts must show that the plan sponsor is actively pursuing correction of the specific identified failure. (Q&A-4, Q&A-6)

A copy of Notice 2023-43 can be found here.


Media Contacts